Legal Question in Civil Litigation in Missouri
Expense recovery for countersuits
We were sued in small claims court for denying payment to someone that provided poor quality work. He has now filed for Trial De Novo. This person can't win, but we are out-of-state and incur costs to defend ourselves as a result of his continued litigation. Can we recover costs/expenses of travel to keep defending ourselves by filing a countersuit for such? Could we hire an attorney to represent us and recover these costs?
2 Answers from Attorneys
Re: Expense recovery for countersuits
Yes you could hire a lawyer who may file counterclaim for poor work..if you were damaged, you may recover..if the other party has any assets...but NO you cannot recover your personal expenses as a cost of defense...but the man must not have much money to sue...
Re: Expense recovery for countersuits
You can't recover for travel, but you may recover attorney fees if you counterclaim for breach of contract.
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